Senior Executive - Hr
Anjali Tejani
Human Resources
Software Professional

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I m working in an IT MNC in Chennai,India and I have got a very good offer from a US MNC. The offer demands me to join in a month's time but I have a notice period of 3 months with the current employer . The current employer forces me to serve the entire notice period and I have completed 2 months notice. Even buy out is not possible in my present company. I have only 20 days left over to keep my offer valid.
I have negotiated with my current employer to leave me ASAP which is of no use. The company which has given me the offer too will not wait for extra 23 days for my notice period to get completed.
Please suggest me a way to get out of this problem!!!

From United States, Princeton
Dear friend,
Please advise me what is mentioned in your appointment letter regarding Termination/Resignation Clause. If you have any Company Policy which must have been available to you, please check what clause is mention therein. Check with your HR what norms do they follow in such cases.
Most of Companies have issues like when employee wants to leave without serving his notice period, in such cases Managers may have difficulty in getting a replacement or getting handovers in short span of time depending upon the nature of job!
Ideally you can utilise your leave in serving the notice period, moreover if Management feels, it can deduct the shortfall of the notice period from your full and final settlement. Again, it depends on Management, whether to deduct or to waive off the notice period.
I have tried to explain you the options however it depends on what your Company follows as exit process.

To the best of my knowledge, if employee signs contract with any employee...there is a option i.e either serve notice period or forget salary for that month/s...
Is there only 3 month's notice period in your case??...

From India, Vadodara
In my present company, the option of paying the salary and leaving is ruled out...They want the employees to serve the company compulsorily for 3 months notice period...
When we signed the offer letter, this was stated like, the employees are free to leave the company after serving 3 months notice or salary whichever is the management's decision.
It is very bad that all of us are forced to stay for 3 months which makes us lose many of the offers as no company is ready to wait for 3 months for an employee to join.

From United States, Princeton
This is not at all fair..
You should take necessary actions for this....Company cannot make this kind of compulsion...
If there are some more cases like you..get united and take necessary steps...

From India, Vadodara
Please mention the appointment letter clause clearly (word to word).
They cannot force an employee to compulsorily serve 3 months notice period.
There may be earlier cases where employees may not have served 3 months notice period, what does company do abt such cases find out from you HR.

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